400 Peel Pty Ltd v Tamworth Regional Council [2026] NSWLEC 1730
Before: Starr AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to the provision of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of Development Application No. DA2024-0423 for the construction of a new entry door and associated awning for ground floor disabled access to the existing building, and alternations and additions to the existing building, including the installation of a passenger lift and refurbishment of bathrooms (the proposal) at 400-402 Peel Street, Tamworth legall
Catchwords
DEVELOPMENT APPLICATION — conciliation conference — agreement between the parties — local heritage item — amended plans and documents — orders
Outcome
The orders of the Court are: (1) Within 28 days of these orders, the Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) in the amount of $1,500. (2) The appeal is upheld. (3) Development consent is granted to Development Application No. DA2024-0423 (as amended) for the construction of a new entry door and associated awning for ground floor disabled access to existing building and installation of new passenger lift to existing building and refurbish bathrooms on land legally described as Lot B in Deposited Plan 154125 at 400-402 Peel Street, Tamworth NSW 2340, subject to the conditions set out in Annexure A.
Legislation cited
Disability (Access to Premises – Buildings) Amendment Standards 2010 (Cth) Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 8.7, 8.10, 8.15 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), ss 23, 24, 37, 38 Tamworth Local Environmental Plan 2010, cll 2.1, 2.7, 5.10, 7.14, Sch 5
Read the full judgment
Authoritative text on NSW Caselaw · ~15k words
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